§ 2404 Operating rules
VTL § 2404
1.No person shall operate an ATV:
(a)at a rate of speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing;
(b)in a careless, reckless or negligent manner so as to unreasonably endanger the person or property of another or cause injury or damage thereto;
(c)on the tracks or right-of-way of an operating railroad;
(d)in any tree nursery or planting in a manner that damages or destroys growing stock, or creates a substantial risk thereto;
(e)while pulling a person on skis or drawing or towing a sleigh, sled, toboggan, inflatable device or trailer which carries or transports any person unless attached by a rigid support, connection or towbar;
(f)on the frozen surface of public waters: within one hundred feet of any person other than a person riding on an ATV except at the minimum speed required to maintain forward movement of the ATV, nor within one hundred feet of a fishing shanty or shelter except at the minimum speed required to maintain forward movement of the ATV nor on an area which has been cleared of snow for skating purposes unless the area is necessary for access to the public water;
(g)within one hundred feet of a dwelling between midnight and six a.m., at a speed greater than minimum required to maintain forward movement of the ATV;
(h)on public lands, other than highways, or on private property of another while in an intoxicated condition or under the influence of narcotics or drugs.
2.The operator of an ATV shall:
3.No person shall ride on or in a sleigh, sled, toboggan, inflatable device or trailer which is being towed or trailed by an ATV unless attached by a rigid support, connection or towbar.
4.A person operating an ATV shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on an ATV unless such ATV is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the ATV at the rear or side of the operator.
5.For the purposes of title seven of this chapter, an ATV shall be a motor vehicle and the provisions of such title shall be applicable to ATVs.
6.Local laws and ordinances. Nothing contained in this article shall be deemed to limit the authority of a county, city, town or village from adopting or amending a local law or ordinance which imposes stricter restrictions and conditions on the operation of ATVs than are provided or authorized by this section so long as such local law or ordinance is consistent with its authority to protect the order, conduct, health, safety and general welfare of persons or property.
